Attachment A - Sample Grant.docx

STATE OF OREGON

GRANT AGREEMENT

Grant No. [XXXX] This Grant Agreement (“Grant”) is between the State of Oregon acting by and through its Housing and Community Services Department (“Agency”) and [Grantee Name] (“Grantee”), each a “Party” and, together, the “Parties”.

AUTHORITY

Pursuant to House Bills 3644 (2025) and 5011 (2025) as well as ORS 456.625(17), Agency is authorized to enter into a grant agreement and provide funding for the purposes described in this Grant.

PURPOSE

Agency is responsible for creating a Statewide Shelter Program for the purpose of reducing Unsheltered homelessness and transitioning people from experiencing homelessness into housing stability through increased coordination and funding stability (the “Program”).

The purpose of this Grant is to provide funding to maintain momentum toward a fully realized Program. This Grant will maintain and build on the Statewide effort to prevent and end homelessness by supporting Shelters and housing focused efforts.

EFFECTIVE DATE AND DURATION

This Grant takes effect on the date all Parties have executed this Grant and all necessary approvals have been obtained (“Effective Date”), and, unless extended or terminated earlier in accordance with its terms, will expire on June 30, 2031 (“Expiration Date”). The period from January 16, 2026, to June 30, 2031, is referred to as the “Performance Period.” Agency will make no payment for any services performed or expenses incurred outside of the Performance Period. For the period from January 16, 2026, to July 1, 2026, Agency will reimburse Grantee solely for services performed and expenses incurred in the development of Grantee’s Regional Assessment and Plan as defined in Exhibit A.

GRANT ADMINISTRATORS

Agency’s Grant Administrator is:

Colt Sray 725 Summer ST. NE, Suite B, Salem, OR 97301 503-881-0998/ colt.sray@hcs.oregon.gov Grantee’s Grant Administrator is:

[NAME]

[ADDRESS]

[PHONE]/ [EMAIL]

A Party may designate a new Grant Administrator by written notice to the other Party.

PROJECT ACTIVITIES

Grantee must perform the project activities set forth in Exhibit A (the “Project”), attached hereto and incorporated in this Grant by this reference, for the duration of the Performance Period.

GRANT FUNDS

In accordance with the terms and conditions of this Grant, Agency will provide Grantee up to $[XXXXX] (“Grant Funds”) for the Project. Agency will pay the Grant Funds from monies available through its House Bill 5011 (2025) general fund appropriation (“Funding Source”).

DISBURSEMENT GENERALLY

Disbursement.

Subject to the availability of sufficient monies in and from the Funding Source based on Agency’s reasonable projections of monies accruing to the Funding Source, Agency will disburse Grant Funds to Grantee for the allowable Project activities described in Exhibit A that are undertaken during the Performance Period.

Grantee must provide to Agency any information or detail regarding the expenditure of Grant Funds required under Exhibit A prior to disbursement or as Agency may request.

Agency will only disburse Grant Funds for completed and approved Project activities. If Agency determines that Grantee is responsible for deficiencies in completed Project activities, Agency will prepare and deliver to Grantee a written description of the deficiencies within 15 days of a request for disbursement. Grantee must correct any identified deficiencies at no additional cost to Agency within 15 days of receiving notice of such deficiency. Grantee may resubmit a request for disbursement that includes evidence satisfactory to Agency showing that the deficiencies were corrected.

Conditions Precedent to Disbursement. Agency’s obligation to disburse Grant Funds to Grantee under this Grant is subject to satisfaction of each of the following conditions precedent:

Agency has received sufficient funding, appropriations, expenditure limitation, allotments, or other necessary expenditure authorizations to allow Agency, in the exercise of its reasonable administrative discretion, to make the disbursement from the Funding Source;

No default as described in Section 14 has occurred; and Grantee’s representations and warranties set forth in Section 8 are true and correct on the date(s) of disbursement with the same effect as though made on the date(s) of disbursement.

No Duplicate Payment. Grantee may use other funds in addition to the Grant Funds to complete the Project; provided, however, Grantee may not credit or pay any Grant Funds for Project costs that are paid for with other funds and would result in duplicate funding.

Suspension of Funding. Agency may by written notice to Grantee, temporarily cease funding and require Grantee to stop all, or any part, of the Project dependent upon Grant Funds, if Agency has or reasonably projects that it will have insufficient funds from the Funding Source to disburse the full amount of the Grant Funds. Upon receipt of the notice, Grantee must immediately cease all Project activities dependent on Grant Funds, or if that is impossible, must take all necessary steps to minimize the Project activities allocable to Grant Funds.

If Agency subsequently projects that it will have sufficient funds, Agency will notify Grantee that it may resume activities. If sufficient funds do not become available, Grantee and Agency will work together to amend this Grant to revise the amount of Grant Funds and Project activities to reflect the available funds. If sufficient funding does not become available and an amendment is not agreed to, Agency will either (i) cancel or modify its cessation of funding notice by a supplemental written notice or (ii) terminate this Grant as permitted by either Section 17.2.1 or 17.2.2 of this Grant.

REPRESENTATIONS AND WARRANTIES

Organization/ Authority. Grantee represents and warrants to Agency that:

Grantee is a [insert type of entity (non-profit entity, etc.)] duly organized and validly existing;

Grantee has all necessary rights, powers, and authority under any organizational documents and under Oregon Law to (i) execute this Grant, (ii) incur and perform its obligations under this Grant, and (iii) receive financing, including the Grant Funds, for the Project;

This Grant has been duly executed by Grantee and when executed by Agency, constitutes a legal, valid, and binding obligation of Grantee enforceable in accordance with its terms;

If applicable and necessary, the execution and delivery of this Grant by Grantee has been authorized by an ordinance, order, or resolution of its governing body, or voter approval, that was adopted in accordance with applicable law and requirements for filing public notices and holding public meetings; and There is no proceeding pending or threatened against Grantee before any court or governmental authority that if adversely determined would materially adversely affect the Project or the ability of Grantee to carry out the Project.

False Claims Act. Grantee acknowledges the Oregon False Claims Act, ORS 180.750 to 180.785, applies to any “claim” (as defined by ORS 180.750) made by (or caused by) Grantee that pertains to this Grant or to the Project. Grantee certifies that no claim described in the previous sentence is or will be a “false claim” (as defined by ORS 180.750) or an act prohibited by ORS 180.755. Grantee further acknowledges in addition to the remedies under Section 15, if it makes (or causes to be made) a false claim or performs (or causes to be performed) an act prohibited under the Oregon False Claims Act, the Oregon Attorney General may enforce the liabilities and penalties provided by the Oregon False Claims Act against Grantee.

No limitation. The representations and warranties set forth in this section are in addition to, and not in lieu of, any other representations or warranties provided by Grantee.

RESERVED

CONFIDENTIAL INFORMATION

Confidential Information Definition. Grantee acknowledges it and its employees or agents may, in the course of performing its responsibilities, be exposed to or acquire information that: (i) is confidential to Agency or Project participants or (ii) the disclosure of which is restricted under federal or state law, including without limitation: (a) personal information, as that term is used in ORS 646A.602(12) (“Personal Information”), and (b) social security numbers (items (i) and (ii) separately and collectively “Confidential Information”).

Nondisclosure. Grantee agrees to hold Confidential Information as required by any applicable law and in all cases in strict confidence, using at least the same degree of care Grantee uses in maintaining the confidentiality of its own confidential information. Grantee may not copy, reproduce, sell, assign, license, market, transfer, or otherwise dispose of, give, or disclose Confidential Information to third parties, or use Confidential Information except as is allowed by law and for the Project activities and Grantee must advise each of its employees and agents of these restrictions. Grantee must assist Agency in identifying and preventing any unauthorized use or disclosure of Confidential Information. Grantee must advise Agency immediately if Grantee learns or has reason to believe any Confidential Information has been, or may be, used or disclosed in violation of the restrictions in this section. Grantee must, at its expense, cooperate with Agency in seeking injunctive or other equitable relief, in the name of Agency or Grantee, to stop or prevent any use or disclosure of Confidential Information. At Agency’s request, Grantee must return or destroy any Confidential Information. If Agency requests Grantee to destroy any Confidential Information, Grantee must provide Agency with written assurance indicating how, when, and what information was destroyed.

Identity Protection Law. Grantee must have and maintain a formal written information security program that provides safeguards to protect Confidential Information from loss, theft, and disclosure to unauthorized persons, as required by the Oregon Consumer Information Protection Act, ORS 646A.600-646A.628. If Grantee or its agents discover or are notified of a potential or actual “Breach of Security,” as defined by ORS 646A.602(1)(a), or a failure to comply with the requirements of ORS 646A.600-628, (collectively, “Breach”) with respect to Confidential Information, Grantee must promptly but in any event within one calendar day (i) notify Agency’s Grant Administrator of such Breach, and (ii) if the applicable Confidential Information was in the possession of Grantee or its agents at the time of such Breach, Grantee must (a) investigate and remedy the technical causes and technical effects of the Breach and (b) provide Agency with a written root cause analysis of the Breach and the specific steps Grantee will take to prevent the recurrence of the Breach or to ensure the potential Breach will not occur. For the avoidance of doubt, if Agency determines notice is required of any such Breach to any individual(s) or entity(ies), Agency will have sole control over the timing, content, and method of such notice, subject to Grantee’s obligations under applicable law.

Subgrants/ Contracts. Grantee must require any subgrantees, contractors, or subcontractors under this Grant who are exposed to or acquire Confidential Information to treat and maintain such information in the same manner as is required of Grantee under subsections 10.1 and 10.2 of this section.

Background Check. If requested by Agency and permitted by law, Grantee’s employees, agents, subgrantees, contractors, subcontractors, and volunteers that perform Project activities must agree to submit to a criminal background check prior to performance of any Project activities or receipt of Confidential Information. Background checks will be performed at Grantee’s expense. Based on the results of the background check, Grantee or Agency may refuse or limit (i) the participation of any Grantee employee, agent, subgrantee, contractor, subcontractor, or volunteer, in Project activities or (ii) access to Agency Personal Information or Agency or Grantee premises.

INDEMNITY

Grantee must indemnify, hold harmless, save, and (subject to ORS chapter 180) defend the State of Oregon, Agency, and their officers, agents, employees, members, and assigns, from all suits, actions, claims, losses, or damages of whatsoever nature, kind, or description related to the Project or resulting from or arising out of the acts, omissions, neglect, or misconduct of Grantee or its contractors, subgrantees, agents, or employees under this Grant or related to the Project.

INSURANCE

Grantee Insurance. Grantee must obtain and maintain insurance covering Agency in the types and amounts indicated in Exhibit B.

Real Property. If the Project includes the construction, remodel, or repair of real property or improvements to real property, Grantee must insure the real property and improvements against liability and risk of direct physical loss, damage, or destruction at least to the extent that similar insurance is customarily carried by entities constructing, operating, and maintaining similar property or facilities.

First-Tier Subgrantee/ Contractor Insurance. Grantee must require any subgrantees or any of its first-tier contractors to maintain insurance in the types and amounts that are commensurate with the type of work being performed by the subgrantees or the first-tier contractors of Grantee or its subgrantees, and that are consistent with applicable industry standards.

GOVERNING LAW, JURISDICTION

This Grant is governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit, or proceeding (collectively “Claim”) between Agency or any other agency or department of the State of Oregon, or both, and Grantee that arises from or relates to this Grant must be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it will be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event may this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States, or otherwise, to or from any Claim or from the jurisdiction of any court. GRANTEE, BY EXECUTION OF THIS GRANT, HEREBY CONSENTS TO THE PERSONAL JURISDICTION OF SUCH COURTS.

DEFAULT

Grantee. Grantee will be in default under this Grant upon the occurrence of any of the following events:

Grantee fails to use the Grant Funds for the intended purpose described in Exhibit A, fails to obligate Grant Funds for Project activities in a timely manner, or otherwise fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Grant;

Any representation, warranty, or statement made by Grantee in this Grant or in any documents or reports relied upon by Agency to measure the Project, the expenditure of Grant Funds, or the performance by Grantee is untrue in any material respect when made; or A petition, proceeding, or case is filed by or against Grantee under any federal or state bankruptcy, insolvency, receivership, or other law relating to reorganization, liquidation, dissolution, winding-up, or adjustment of debts; in the case of a petition filed against Grantee, Grantee acquiesces to such petition or such petition is not dismissed within 20 calendar days after such filing, or such dismissal is not final or is subject to appeal; or Grantee becomes insolvent or admits its inability to pay its debts as they become due; or Grantee makes an assignment for the benefit of its creditors.

Agency. Agency will be in default under this Grant if, after 15 days’ written notice specifying the nature of the default, Agency fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Grant; provided, however, Agency will not be in default if Agency fails to disburse Grant Funds because there is insufficient expenditure authority or insufficient funding.

REMEDIES

Agency Remedies. In the event Grantee is in default under Section 14.1, Agency may, at its option, pursue any or all of the remedies available to it under this Grant and at law or in equity, including, but not limited to: (i) termination of this Grant under Section 17.2, (ii) reducing or withholding payment for deficient or late Project activities or materials, (iii) requiring Grantee to complete, at Grantee’s expense, additional activities necessary to satisfy its obligations or meet performance standards under this Grant, (iv) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, (v) exercise of its right of recovery of overpayments under Section 16 of this Grant or setoff, or both, (vi) reducing the Grant Funds amount, or (vii) declaring Grantee ineligible for the receipt of future awards from Agency. These remedies are cumulative to the extent the remedies are not inconsistent, and Agency may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever.

Grantee Remedies. In the event Agency is in default under Section 14.2 and whether or not Grantee elects to terminate this Grant, Grantee’s sole monetary remedy will be, within any limits set forth in this Grant, reimbursement for Project activities completed and accepted by Agency and authorized expenses incurred, less any claims Agency has against Grantee. In no event will Agency be liable to Grantee for any expenses related to termination of this Grant or for anticipated profits.

WITHHOLDING FUNDS, RECOVERY

Agency may withhold Grant Funds due to Grantee, and Grantee must return to Agency within 30 days of Agency’s written demand:

Any Grant Funds paid to Grantee under this Grant, or payments made under any other agreement between Agency and Grantee, that exceed the amount to which Grantee is entitled;

Any Grant Funds received by Grantee that remain unexpended for payment of the Project at the end of the Performance Period;

Any Grant Funds Agency determines were spent on purposes other than allowable Project activities; or Any Grant Funds Grantee received as payment for deficient activities or materials.

TERMINATION

Mutual. This Grant may be terminated at any time by mutual written consent of the Parties.

By Agency. Agency may terminate this Grant as follows:

At Agency’s discretion, upon 30 days’ advance written notice to Grantee;

Immediately upon written notice to Grantee, if Agency fails to receive funding, or appropriations, limitations, or other expenditure authority at levels sufficient in Agency’s reasonable administrative discretion, to perform its obligations under this Grant;

Immediately upon written notice to Grantee, if federal or state laws, rules, regulations, or guidelines are modified or interpreted in such a way that Agency’s performance under this Grant is prohibited, or Agency is prohibited from funding the Grant from the Funding Source; or Immediately upon written notice to Grantee, if Grantee is in default under this Grant and such default remains uncured 15 days after written notice thereof to Grantee.

By Grantee. Grantee may terminate this Grant immediately upon written notice to Agency if Agency is in default under this Grant and such default remains uncured 15 days after written notice thereof to Agency.

Cease Activities. Upon receiving a notice of termination of this Grant, Grantee must immediately cease all activities under this Grant, unless Agency expressly directs otherwise in such notice. Upon termination, Grantee must deliver to Agency all materials or other property that are or would be required to be provided to Agency under this Grant or that are needed to complete the Project activities that would have been performed by Grantee.

MISCELLANEOUS

Conflict of Interest. Grantee by signature to this Grant declares and certifies the award of this Grant and the Project activities to be funded by this Grant, create no potential or actual conflict of interest, as defined by ORS Chapter 244, for a director, officer, or employee of Grantee.

Nonappropriation. Agency’s obligation to pay any amounts and otherwise perform its duties under this Grant is conditioned upon Agency receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to meet its obligations under this Grant. Nothing in this Grant may be construed as permitting any violation of Article XI, Section 7 of the Oregon Constitution or any other law limiting the activities, liabilities, or monetary obligations of Agency.

Amendments. The terms of this Grant may not be altered, modified, supplemented, or otherwise amended, except by written agreement of the Parties.

Notice. Except as otherwise expressly provided in this Grant, any notices to be given under this Grant must be given in writing by email, personal delivery, or registered or certified mail, to a Party’s Grant Administrator at the physical address or email address set forth in this Grant, or to such other addresses as either Party may indicate pursuant to this section. Any notice so addressed and mailed becomes effective five (5) days after mailing. Any notice given by personal delivery becomes effective when actually delivered. Any notice given by email becomes effective upon the sender’s receipt of confirmation of delivery, either by return email or by demonstrating through other technological means that the email has been delivered to the recipient’s email address.

Survival. The provisions of this Grant which by their nature are intended to survive expiration or termination of this Grant (including, but not limited to, remedies and record-keeping) will survive.

Severability. The Parties agree if any term or provision of this Grant is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Grant did not contain the particular term or provision held to be invalid.

Counterparts. This Grant may be executed in several counterparts, all of which when taken together constitute one agreement, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of the Grant so executed constitutes an original.

Compliance with Law. In connection with their activities under this Grant, the Parties must comply with all applicable federal, state, and local laws. The Parties must comply with applicable administrative rules adopted before or after the effective date of this Grant. Compliance with applicable laws includes compliance with Oregon’s sanctuary laws in ORS 180.805, 180.810 and 181A.820 through 181A.829. Under ORS 181A.826(1) and (2), Grantee must not use Grant Funds for the purpose of supporting or assisting a federal agency in immigration enforcement. Grantee must, and must require its subgrantees to, administer the Grant in compliance with ORS 181A.826(1) and (2).

Intended Beneficiaries. Agency and Grantee are the only parties to this Grant and are the only parties entitled to enforce its terms. Nothing in this Grant provides, is intended to provide, or may be construed to provide any direct or indirect benefit or right to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of this Grant.

Assignment and Successors. Grantee may not assign or transfer its interest in this Grant without the prior written consent of Agency and any attempt by Grantee to assign or transfer its interest in this Grant without such consent will be void and of no force or effect. Agency’s consent to Grantee’s assignment or transfer of its interest in this Grant will not relieve Grantee of any of its duties or obligations under this Grant. The provisions of this Grant will be binding upon and inure to the benefit of the Parties hereto, and their respective successors and permitted assigns.

Contracts and Subgrants. Except as specified in Exhibit A, Grantee may not, without Agency’s prior written consent, enter into any contracts or subgrants for any of the Project activities required of Grantee under this Grant. Agency’s consent to any contract or subgrant will not relieve Grantee of any of its duties or obligations under this Grant.

Time of the Essence. Time is of the essence in Grantee’s performance of the Project activities under this Grant.

Records Maintenance and Access. Grantee must maintain all financial records relating to this Grant in accordance with generally accepted accounting principles. In addition, Grantee must maintain any other records, whether in paper, electronic, or other form, pertinent to this Grant in such a manner as to clearly document Grantee’s performance. All financial records and other records, whether in paper, electronic, or other form, that are pertinent to this Grant, are collectively referred to as “Records.” Grantee acknowledges and agrees Agency, the Oregon Secretary of State's Office, and their duly authorized representatives will have access to all Records to perform examinations and audits and make excerpts and transcripts. Grantee must retain and keep accessible all Records for a minimum of six (6) years following the expiration or termination of this Grant, or such longer period as may be required by applicable law, , or until the conclusion of any audit, controversy, or litigation arising out of or related to this Grant, whichever date is later.

Fixed Assets. Grantee must, and must cause its subgrantees to, maintain policies and procedures for the management of property and equipment that comply with all requirements of the applicable Code of Federal Regulations, 2 CFR Part 200, Subpart D, and specific requirements of the source of funds. The applicable federal regulations shall apply to all equipment purchased with Agency funding, regardless of source of funds. References in the federal regulations to a federal awarding entity shall be deemed a reference to Agency, and references to a non-federal entity shall be deemed a reference to Grantee.

Prevailing Wage Requirements.

Grantee must comply with state prevailing wage law as set forth in ORS 279C.800 through 279C.870, and the administrative rules promulgated thereunder (OAR Chapter 839, Division 25) (collectively, state "PWR"). This includes but is not limited to imposing an obligation that when PWR applies to the Project, grantees, subgrantees, and contractors on the Project must pay the prevailing rate of wage for workers in each trade or occupation in each locality as determined by the Commissioner of the Bureau of Labor and Industries ("BOLI") under ORS 279C.815. Further, Grantee must require its subgrantees and contractors to file separate work bonds with the Construction Contractors Board, unless the subgrantee or contractor is exempt under ORS 279C.836 and OAR 839-025-0015.

When the federal Davis-Bacon Act applies to the Project, subgrantees and contractors on the Project must pay the prevailing rate of wage as determined by the United States Secretary of Labor under the Davis-Bacon Act (40 U.S.C. 3141 et seq.).

Notwithstanding (18.15.1) and (18.15.2) above, when both PWR and the federal Davis-Bacon Act apply to the Project, subgrantees and contractors on the Project must pay a rate of wage that meets or exceeds the greater of the rate provided in (18.15.1) or (18.15.2) above.

When PWR applies, Grantee and its subgrantees and contractors shall not contract with any contractor on BOLI's current List of Contractors Ineligible to Receive Public Works Contracts.

When PWR applies, Grantee shall be responsible for both providing the notice to the BOLI Commissioner required by ORS 279C.835 and the payment of any prevailing wage fee(s) required under ORS 279C.825 and BOLI's rules, including OAR 839-025-0200 to OAR 839-025-0230. For avoidance of any doubt, Grantee contractually agrees to pay applicable prevailing wage fees for the Project.

Pursuant to ORS 279C.817, Grantee and any subgrantees or contractors may request that the BOLI Commissioner make a determination about whether the Project is a public works on which payment of the prevailing rate of wage is required under ORS 279C.840 (i.e. whether PWR applies).

Headings. The headings in this Grant are for the purpose of reference only and do not limit or otherwise affect any of the terms hereof.

Grant Documents. This Grant consists of the following exhibits, which are incorporated by this reference and listed in descending order of precedence:

Exhibit A (the “Project”) Exhibit C (Online Systems) Exhibit B (Insurance) Merger, Waiver. This Grant and all exhibits and attachments, if any, constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations – oral or written – not specified herein regarding this Grant. No waiver or consent under this Grant binds either Party unless in writing and signed by both Parties. Such waiver or consent, if made, is effective only in the specific instance and for the specific purpose given.

SIGNATURES

EACH PARTY, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES IT HAS READ THIS GRANT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. The Parties further agree that by the exchange of this Grant electronically, each has agreed to the use of electronic means, if applicable, instead of the exchange of physical documents and manual signatures. By inserting an electronic or manual signature below, each authorized representative acknowledges that it is their signature, that each intends to execute this Grant, and that their electronic or manual signature should be given full force and effect to create a valid and legally binding agreement.

IN WITNESS WHEREOF, the Parties have executed this Grant as of the dates set forth below.

STATE OF OREGON acting by and through its Housing and Community Services Department

By:

Phillip Andrews, Designated Procurement Officer Date Grant Administrator Approval

By:

Colt Sray, Homeless Services Program Coordinator Date [Grantee Name]

By:

Authorized Signature Date

Printed Name Title Approved for Legal Sufficiency in accordance with ORS 291.047

By:

Date

RFA #S-91400-00014184 (OHCS #9185) Att A

OHCS GRANT #PO-91400-[XXXXXX] (OHCS #[4-digit #]) – Statewide Shelter Program, Phase 1

OHCS Grant (private entity), version 20240404 Page 22 of 29 (HAO)

EXHIBIT A

THE PROJECT

BACKGROUND AND GOALS

With support and direction from Governor Kotek and the Oregon Legislature, Agency has taken steps to meaningfully prevent and reduce Unsheltered homelessness across Oregon. This Grant represents phase 2 of a two-phase plan to create the Program established in House Bill 3644 (2025). This Grant builds on the foundation of multiple prior Agency funding sources and agreements aimed at expanding and sustaining Shelter capacity, as well as supporting housing focused efforts.

This Grant is essential to building the Program and ensuring critical access to safe Shelter and housing focused support for people experiencing homelessness.

Administration of the Program requires Regional Coordinators as well as direct service providers. Regional Coordinators pass through Grant Funds to subgrantee direct service providers who provide critical, on-the-ground support and services to Oregonians in need. Regional Coordinators may also choose to provide direct services. Regional Coordinators oversee subgrantees and ensure services are provided in accordance with this Grant.

Grantee serves as:

|_| a Regional Coordinator |_| both a Regional Coordinator and a direct service provider

DEFINITIONS

“Administrative Costs” means costs to administer the Program or Project. Administrative Costs must be reasonable and necessary, and can include costs that are directly related to this Grant, or indirectly related because they are necessary for the general operation of the organization.

“Basic Free-Standing Structure” means an alternative to traditional Shelter that meets either Shelter criteria or Safe Temporary Emergency Placement Sites (“STEPS”) criteria depending on the features, standards, and amenities. These structures typically do not include a foundation, and are assembled with prefabricated parts and materials. Examples include: Pallet ™ shelters, Conestoga Huts, yurts, and other tiny home models.

“Continuum of Care” or “CoC” means a coordinated network of community-based programs and stakeholders that work together to prevent and end homelessness. The CoC ensures that services are Participant-centered, locally responsive, and aligned with broader State and federal goals to reduce homelessness.

“Household” means an individual living alone, a family with or without children, or a group of individuals who are living together as one economic unit.

“Housing Focused Activities” means activities that directly connect Participants to critical resources and services that support Participants moving into a stable housing destination.

“Housing Focused Shelter” means Shelter intended to keep Participants safe and out of the elements, and to provide housing focused case management and supportive services that assist Participants in exiting homelessness into a stable housing situation. Housing Focused Shelters must meet all general standards as outlined in the Program Manual.

“Low Barrier” means having minimal preconditions required to access services.

“Participant” means a Household that directly or indirectly receives services provided by Regional Coordinators or their subgrantee service providers. Participants are the end beneficiaries of the Program’s funding and support.

“Program Manual” means the Agency document adopted by administrative rule.

“Recovery Based” means requiring sobriety or drug and alcohol treatment but otherwise meeting the definition of Low Barrier and meeting the special needs of Households who are in recovery from drugs and/or alcohol.

“Region” means the Oregon county a Regional Coordinator will be responsible to serve.

“Regional Assessment and Plan” means an assessment of current conditions, resources, and outcomes relating to homelessness for the Region, and a plan that details the services and outcomes for the Region that will be supported with Grant Funds.

“Regional Coordinator” means Grantee.

“Safe Temporary Emergency Placement Sites” or “STEPS” means Vehicular Camping and Basic Free-Standing Structure programs that provide Participants with a place to stay either in their vehicle or in a Basic Free-Standing Structure provided when available, that is secure and free from ticketing. STEPS programs are not considered Shelter.

“Shelter” means a facility designed to provide temporary living arrangements on an emergency or transitional basis.

“Shelter Provider” means any person or local government that operates or funds Shelters.

“State” means the State of Oregon.

“Street Outreach” means services to connect Unsheltered homeless Households with emergency Shelter, housing, or critical services, and to provide urgent, non-facility-based care.

“Unsheltered” means a Household that is living in a primary nighttime residence that is not designed for human habitation (including, but not limited to, a car, park, abandoned building, bus or train station, airport, or camping ground).

“Vehicular Camping” means temporarily residing in a car, recreational vehicle, camper, or trailer that the Participant provides.

PROJECT ACTIVITIES

Grantee must use the Grant Funds only for activities in support of the Program, as further described in the Program Manual, and below. At all times, Grantee must conduct operations and services using evidence-based practices, cultural responsivity, nondiscrimination, and harm reduction.

Grantee must cause and require any subgrantee direct service providers, by written agreement, to comply with and perform all Project activities in accordance with the terms of this Grant.

a. Regional Assessment and Plan Grantee must develop, and then implement, a Regional Assessment and Plan using an Agency-provided template. Regional Assessment and Plan documents, including amendments to those documents, will be subject to Agency’s written approval. Once approved, the Regional Assessment and Plan, as may be amended with Agency’s written approval, is hereby incorporated by reference into this Grant.

b. Shelter Operations

i. Minimum Shelter Bed Capacity. Grantee must ensure the availability of at least the minimum Shelter bed capacity in the Agency-approved Regional Assessment and Plan. All Grant-funded Shelter beds must primarily be available throughout the day and night, seven days a week, and must be available during all seasons and weather.

ii. Habitability Requirements and Minimum Standards. All Shelters must meet the shelter and housing standards outlined in 24 CFR § 576.403, regardless of whether 24 CFR § 576.403 independently applies to such Shelters apart from this Grant. Additionally, Shelters must meet the minimum requirements outlined in the Program Manual, including requirements that pertain to Shelter operations, basic overnight Shelters, and Housing Focused Shelters.

iii. Low-Barrier Requirements. Grantee must prioritize Low-Barrier Shelters. At least 70% of Grant Funds must be provided to Shelters with low-barrier practices, and at least 70% of the Grant-funded Shelter beds must be designated as Low-Barrier. Low-Barrier Shelters must allow homeless Households to access Shelter and services without preconditions. These Shelters must focus on assessment and triage and intentionally link to permanent housing resources so that Households move to housing quickly when resources allow. To be considered Low Barrier, the Shelter must meet the conditions of Low Barrier outlined in the Program Manual.

iv. Recovery-Based Requirements. Recovery-Based Shelters require sobriety or drug and alcohol treatment but otherwise meet the definition of Low Barrier and meet the unique needs of Households in recovery from drugs and/or alcohol. A maximum of 30% of Grant Funds may be provided for Recovery-Based shelter. A maximum of 30% of Grant-funded Shelter beds may be designated as Recovery Based. To be considered Recovery Based, the Shelter must meet the conditions of Recovery Based outlined in the Program Manual.

v. Participant Evaluation. Grantee must conduct an initial eligibility evaluation of potential Participants. Eligibility based on housing status must be determined during the initial engagement with the Participant. For clarity, “initial engagement” means the Participant’s eligibility at the time services are needed. Households must meet one or more of the eligible categories described in the Program Manual.

c. Street Outreach. At Grantee’s discretion and based on community needs and Grantee’s approved Regional Assessment and Plan, Grantee may use Grant Funds to engage Households experiencing homelessness where they are (on the streets, in encampments, or other non-Shelter locations). The goal of Street Outreach is to build trust and connect Households to critical services including. Specific requirements and typical activities are described in the Program Manual.

d. Safe Temporary Emergency Placement Sites (“STEPS”) Operations. At Grantee’s discretion and based on community needs and Grantee’s approved Regional Assessment and Plan, Grantee may use Grant Funds for STEPS. STEPS provide Participants with a safe place to stay either in their vehicle, or in a Basic Free-Standing Structure provided by the site when available. Typical STEPS activities are described in the Program Manual.

i. Low-Barrier Requirements. At least 70% of Grant-funded STEPS must be designated as Low-Barrier. To be considered Low Barrier, STEPS must meet the conditions of Low Barrier outlined in the Program Manual.

ii. Recovery-Based Requirements. Recovery-Based STEPS require sobriety or drug and alcohol treatment but otherwise meet the definition of Low Barrier and meet the unique needs of Households in recovery from drugs and/or alcohol. A maximum of 30% of Grant-funded STEPS may be designated as Recovery Based. To be considered Recovery Based, STEPS must meet the conditions of Recovery Based outlined in the Program Manual.

e. Housing Focused Activities. At Grantee’s discretion and based on community needs and Grantee’s approved Regional Assessment and Plan, Grantee may use Grant Funds for activities that seek to lower barriers for Households experiencing homelessness or housing instability. These activities must actively coordinate services and supports to help Households exit homelessness, reduce barriers to rehousing and ensure housing stability. Eligible Housing Focused Activities are described in the Program Manual.

f. Capacity Building. At Grantee’s discretion and based on community needs and Grantee’s approved Regional Assessment and Plan, Grantee may use up to 15% of the Grant Funds for activities aimed to improve Grantee’s ability to deliver homeless services and strengthen community efforts around supporting Households experiencing homelessness. Eligible capacity building activities are described in the Program Manual.

ALLOWABLE COSTS

a. Grant Fund Limitations. Agency will disburse Grant Funds only for the costs of Project activities that occur, including expenses incurred, during the Performance Period. Specific information about each budget category shown below can be found in the Program Manual. The following requirements and limitations apply to the Grant Funds:

Administrative Costs

Grantee may use up to 15% of the Grant Funds for Administrative Costs.

Costs associated with Grantee’s Regional Assessment and Plan may be charged to Administrative Costs or Capacity Building.

At least 70% of Grant-funded Shelter beds must be designated as Low-Barrier.

A maximum of 30% of Grant-funded Shelter beds may be designated as Recovery Based.

(Reference Exhibit A, Part 3.b.iii and iv.)

A maximum of 30% of Grant-funded STEPS may be designated as Recovery Based.

(Reference Exhibit A, Part 3.d.)

(Reference Exhibit A, Part 3.f.)

Costs associated with Grantee’s Regional Assessment and Plan may be charged to Administrative Costs or Capacity Building.

b. Minimum Shelter Bed Capacity. Grantee must continue to ensure at least the minimum Shelter bed capacity included in its Agency-approved Regional Assessment and Plan. Grantee must notify Agency immediately and in writing if Grantee plans to reduce hours of operation, Shelter bed capacity, or services provided; or plans to close Shelter services altogether.

Grantee must further allocate Grant Funds to subgrantee direct service providers, by written agreement. Grantee’s allocation to each direct service provider must specify the allowed Administrative Costs, which must be in an amount that is sufficient to maintain the specified minimum Shelter bed capacity. Prior to finalizing direct service allocations, Grantee must obtain Agency’s written approval of the methodology used to determine allocations.

PROJECT MONITORING, REPORTING, AND PERFORMANCE MEASURES

a. Monitoring

i. Agency may monitor Grantee’s activities, including Grantee’s policies and procedures for monitoring any subgrantees, to ensure Grantee and any subgrantees comply with the terms of this Grant and the use of the Grant Funds. Monitoring activities may include any action deemed necessary and appropriate by Agency, including, but not limited to the following activities:

· On-site or remote Records review;

· Conducting audits;

· On-site inspections;

· Evaluating Grantee’s activities and progress; and

· Providing training or technical assistance.

ii. Agency may use third parties to assist with monitoring activities.

b. Reporting

i. Grantee must, and must cause and require its subgrantees by written agreement, to ensure that data collection and reporting, which may include Confidential Information or personally identifiable information, is conducted through Agency-approved systems, including HMIS or HMIS-comparable systems for Victim Service Providers (“VSP”s), and follows applicable policies and procedures of Agency. Grantee must also provide technical assistance to its subgrantees, and may request assistance from Agency as needed.

ii. Grantee must submit to Agency the following reports, in a format satisfactory to Agency, and must require its subgrantees to submit reports to Grantee instead of Agency. Grantee must also submit to Agency, adhoc reports as requested by Agency, and must attend Program meetings with Agency as requested by Agency. Grantee must coordinate the reporting process and must ensure all reports are submitted to Agency by the due dates described below:

A. Monthly System Query Report. Activities funded with this Grant must be included in the monthly disaggregated HMIS data using the SAP Business Objects (the HMIS reporting tool) System Query Report. Reports must be transmitted in a format and method as directed by Agency. Reports are due 20 days following the end of each month for the aggregate of activities performed from July 1, 2026 through the end of the previous month.

Example 1: If the System Query Report is run on April 20, 2027, the service range would be July 1, 2026 – March 31, 2027.

Example 2: If the System Query Report is run on February 20, 2027, the service range would be July 1, 2026 – January 31, 2027.

B. Biannual Housing Inventory Count (“HIC”) Report. Activities funded with this Grant, including bed/ unit inventory and utilization rates, must be included in the Biannual HIC Report. HIC Reports must specifically identify and disaggregate Grant-funded beds/ units and their utilization rates. Reports are due twice per year on February 20 and August 20 in a format and method directed by Agency.

C. Annual System Performance Measure (“SPM”) Report. Activities funded with this Grant must be included in the Annual SPM Report. Data for the Annual SPM Report can be found in the WellSky Community Services (ServicePoint) Report Module: System Performance Measures. Reports are due upon Agency’s requests, which will be after the SPM deadline in HUD HDX. Reports must be submitted in a format and method directed by Agency.

D. Subgrantee Report. Grantee must ensure all subgrantee data is reported to Agency. Subgrantee information, including name, Project name, HMIS project type, HMIS project ID, number of Grant-funded Shelter beds, populations served, activities funded, and other information as requested by Agency must be submitted no later than July 15, 2026. Grantee must notify Agency within 10 business days of any changes in subgrantees as approved by Agency in accordance with Section 18.11 of the Grant. Subgrantee information must be submitted through an Agency prescribed subgrantee reporting process.

E. Victim Service Provider Report. The Violence Against Women Act (“VAWA”) and the Family Violence Prevention and Services Act (“FVPSA”) contain strong confidentiality provisions that limit HUD-defined VSPs from sharing, disclosing, or revealing victims’ Personally Identifiable Information (“PII”), including entering information into shared databases like HMIS. To protect Participants, VSPs must enter Participant-level data into a database that is comparable to and complies with all HUD HMIS requirements as well as Agency’s HMIS policies and procedures. Grantees and subgrantees defined as HUD VSPs are subject to applicable reporting requirements even if using a comparable database but must only share aggregate counts without PII. Reports are due 20 days following the end of each month in a format and method directed by Agency.

F. Regional Assessment and Plan. Grantee must submit a Regional Assessment and Plan that details the services and outcomes planned for the Region that will be supported by Grantee. Reports must be submitted to Agency’s Grant Administrator as follows:

G. Annual Progress Report. Grantee must submit an annual progress report that describes progress related to the Regional Assessment and Plan. Reports are due upon Agency’s request. Reports must be submitted to Agency’s Grant Administrator in a format agreeable to Agency.

H. Fiscal Report. The Agency Grant Status/ Financial Status Report must be submitted in OPUS by August 30 of each year

iii. Grantee may request a reporting deadline extension by sending an email to Agency’s Grant Administrator and HCS.REPORTING@hcs.oregon.gov at least 7 days prior to the deadline. To be effective, extensions must be approved in writing by Agency’s Grant Administrator.

If the Performance Period begins prior to the Executed Date, any reports for Project activities shown in this Exhibit A as due prior to the Executed Date must be provided to Agency within 30 days of the Executed Date, if not already provided to Agency despite the lack of an executed Grant. Grantee will not be in default for failure to perform any reporting requirements prior to the Executed Date.

c. Performance Measures

i. Grantee must maintain the minimum Shelter bed capacity specified in this Grant. Agency will monitor net bed loss.

ii. Agency will monitor Grantee’s ability to effect increased housing stability as measured by the…